Toxic Tort Law
 
M.F. v. Pacific Pearl Hotel management, LLC


I
INTRODUCTION
In this appeal, we address whether, for purposes of overcoming the workers'
compensation exclusivity doctrine (Lab. Code, §§ 3600, subd. (a), 3602, subd. (a)), a
housekeeping employee stated claims against her hotel employer for violating provisions
in the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et
seq.)1 requiring the employ

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Johnson John v. Saint Francis Hospital, Inc., Neurological Surgery, Inc. and Douglas Koontz, M.D.

On October 30, 2012, Saint Francis Hospital, Inc., Neurological Surgery, Inc., and Douglas Koontz, M.D. (collectively Petitioners) performed decompressive laminectomies of Respondent's, Johnson John (Patient), spine at the C2-3, C3-4, C4-5, C5-6 and C6-7 regions. After the operation, Patient allegedly became partially paralyzed, suffered constant pain, was hospitalized for four months and submitte

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S.M. v. Lincoln County, Missouri Eighth Circuit Courthouse - St. Louis, Missouri

Plaintiffs S.M., L.M., K.W., and K.S. are former participants in the Adult Drug
Court of Missouri’s 45th Judicial Circuit (“Drug Court”), an alternative court
established to dispose of drug cases pursuant to Mo. Rev. Stat. §§ 478.001-.006.
Plaintiffs brought this 42 U.S.C. § 1983 damage action against Lincoln County and
other defendants, asserting that Scott Edwards, then a lieuten

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Elaine Christen v. Fiesta Shows, Inc.

Plaintiff Elaine Christen, individually and as administrator of the estate of Sophia Christen, appeals the order of the Superior Court (Smukler, J.) granting summary judgment to defendant Fiesta Shows, Inc. (Fiesta), on the ground that Fiesta did not owe Sophia Christen a duty of care. We affirm.
The trial court recited the following facts, set forth in the light most favorable to the plaintif

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Kimberly Foltz v. Darryl Wayne Johnson

Plaintiff and appellant Kimberly Foltz suffered a paralyzing
spinal injury after being thrown from her dirt bike during a ride with
her then fiancé, defendant and respondent Darryl Johnson. Foltz filed
an action alleging negligence against Johnson. Johnson successfully
moved for summary adjudication on the basis of primary assumption of
risk. Foltz concedes that primary assumpt

More...   $0 (10-26-2017 - CA)

Jessica Jauch v. Choctaw County and Cloyd Halford Fifth Circuit Court of Appeals - New Orleans, Louisiana

Jessica Jauch was indicted by a grand jury, arrested, and put in jail—where she waited for 96 days to be brought before a judge and was effectively denied bail. The district court found this constitutionally permissible. It is not. A pre-trial detainee denied access to the judicial system for a prolonged period has been denied basic procedural due process, and we therefore reverse the district cou

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Michael Boyle v. ASAP Energy, Inc., Fast Lane Stores, Inc. d/b/a Fast Lane 3 Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 Plaintiffs brought an action in the District Court for Custer County and claimed a convenience store negligently and recklessly sold low-point beer to a noticeably intoxicated person who injured plaintiffs in a vehicle collision several hours later. Defendant filed a motion for summary judgment which was granted by the trial court.1 We reverse the judgment of the District Court.

¶2 Two

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Johnson John v. Saint Francis Hospital, Inc., Neurological Surgery, Inc. and Douglas Koontz, M.D. Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 The dispositive issue on appeal is whether the thrice incarnated affidavit of merit requirement found in Okla. Stat. tit. 12, § 19.1 (Supp. 2013), is unconstitutional. In the wake of Zeier v. Zimmer, 2006 OK 98, 152 P.3d 861, its sequel Wall v. Marouk, 2013 OK 36, 302 P.3d 775, and upon reexamination of the Oklahoma Constitution, the inevitable conclusion is that section 19.1 is an impermissibl

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Family and Estate of Joshua Luke Stand v. State of Oklahoma and Jarrod Martin Nowata County Oklahoma Courthouse - Nowata, Oklahoma

Nowata, OK - Family Settles Claim Against Highway Patrol Trooper for $175,000

The Family and Estate of Joshua Luke Stand sued Oklahoma Highway Patrol Jarrod Martin, age 28, on a governmental tort claim wrongful death theory claiming that Martin wrongfully shot and killed Stand on June 16, 2014. Stand, age 35, was generally considered mentally ill was holding a knife when he was shot and

More...   $175000 (10-24-2017 - OK)

Christopher Hall v. Germania Farm Mutual Insurance Association Potter County Courthouse - Amarillo, Texas

This appeal involves property insurance, damage to the insured’s property, the insurer’s attempt to adjust the claim, a dispute regarding the quantum of loss derived by the adjuster, a lawsuit filed by the insured against the insurer, an appraisal clause, the invocation of the appraisal clause by the insurer once suit was filed, an eventual appraisal, the purported tender of the appraised loss by

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Rick Lovelady Carpets, Inc. v. G.R. Chapman Limited Partnership and George R. Chapman a/k/a G.R. Chapman Potter County Courthouse - Amarillo, Texas

RLCI brought suit against Chapman, alleging a false representation of material fact by Chapman caused RLCI injury under various tort and contract theories.2 Chapman sought and obtained summary judgment against RLCI on the entire case. Finding on this record the case was not capable of disposition by summary judgment, we will reverse the judgment of the trial court and remand the case for further p

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Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas

On June 29, 2015, the Board of Trustees of Kilgore Independent School District (KISD) voted to repeal KISD’s local option homestead exemption (LOHE). That repeal came just fourteen days after Governor Greg Abbott signed Senate Bill No. 1 (SB1), which (A) was to become effective on the later passage of an enabling constitutional amendment by the voters, (B) increased a statewide homestead exemption

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In Re: Fundamental Long Term Care, Inc. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort

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Amal Eghnayem, et al. v. Boston Scientific Corporation Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this products liability suit, Boston Scientific Corporation (BSC) appeals from various orders and a final judgment in favor of the plaintiff, Amal Eghnayem. Eghnayem alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit, a transvaginal mesh prescription medical device manufactured and sold by BSC. She initially filed suit in the Southern District of West Virginia as part o

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Gisselle Morales-Simental, a Minor, etc. v. Genentech, Inc.


I. INTRODUCTION
Plaintiffs and appellants Gisselle Morales-Simental, a minor, et al.1
appeal from
summary judgment granted in favor of defendant and respondent Genentech, Inc., one of
the defendants in this personal injury case. Morales-Simental alleges that she, with the
other named plaintiffs, suffered injuries and sustained damages as a result of the
negligence of d

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Keri L. Borzilleri v. Marilyn J. Mosby Fourth Circuit Court of Appeals Courthouse

This case arises out of appellant Keri Borzilleri’s suit alleging that appellee Marilyn Mosby fired her for supporting Mosby’s political rival, thereby violating Borzilleri’s First Amendment rights. The district court determined that, as an Assistant State’s Attorney, Borzilleri was a policymaker exempt from the First Amendment’s protection against patronage dismissals. We affirm. To hold otherwis

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Theresa Riffey v. Bruce V. Rauner Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Class and collective actions are de-signed to provide an efficient vehicle to resolve the claims of a large number of plaintiffs in one fell swoop. They can offer benefits to both sides in a case: plaintiffs are able to aggregate resources in order to litigate small claims, and defendants can achieve a global resolution of the dispute. But class actions are
2 No. 16-3487
not always the bes

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Theresa Riffey v. Bruce V. Rauner Seventh Circuit Court of Appeals Courtroom - Chicago, Illinois

Class and collective actions are de-signed to provide an efficient vehicle to resolve the claims of a large number of plaintiffs in one fell swoop. They can offer benefits to both sides in a case: plaintiffs are able to aggregate resources in order to litigate small claims, and defendants can achieve a global resolution of the dispute. But class actions are
2 No. 16-3487
not always the bes

More...   $0 (10-11-2017 - IL)

City of Bedford v. Leah Smith Tarrant County Courthouse - Fort Worth, Texas

Appellee Leah Smith lived at The Arbors of Central Park, an apartment
complex in Bedford, Texas. In July 2015, as she was walking across the grass to
reach a sidewalk in front of her apartment, she stepped onto a manhole lid
covering a water-meter box within an easement owned by Appellant City of
Bedford. The lid flipped open, and Smith fell into the manhole and was injured.
1S

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In Re: Asbestos Products Liability Litigation (No. VI) Third Circuit Court of Appeals - Philadelphia, Pennsylvania

These asbestos cases involve the availability of the
“bare-metal defense” under maritime law. The defense’s basic
idea is that a manufacturer who delivers a product “bare
metal”—that is without the insulation or other material that
must be added for the product’s proper operation—is not
generally liable for injuries caused by asbestos in later-added
materials. A classic sce

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Michelle Trotter v. 7R Holdings, LLC; Luis A. Rubi Gonzalez; M/Y Olga Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this appeal, we must determine whether the District
Court properly exercised its power to dismiss a case pursuant
to the forum non conveniens doctrine when it dismissed
3
Appellant’s claims under the Jones Act, 46 U.S.C. § 30104
(2012), and general maritime laws for unseaworthiness,
negligence, and maintenance and cure. We shall affirm the
District Court in two steps

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VALY v. County of Fresno

Three Laotian correctional officers, Va Ly, Travis Herr and Pao Yang, were
allegedly subjected to racial and national origin discrimination, harassment and
retaliation by their employer, the County of Fresno (County), and its employees. The
three filed suit against the County pursuant to the Fair Employment and Housing Act
2.
(FEHA), Government Code section 12900 et seq., whil

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Heil Roberts v. Hobby Lobby Stores, Inc., Adam Taylor d/b/a RKJ Investigations and Pakoom "Paul" Nillpraphan Oklahoma County Oklahoma Courthouse - Oklahoma City, Oklahoma

Oklahoma City, OK - Heil Roberts v. Hobby Lobby Stores, Inc., Adam Taylor d/b/a RKJ Investigations and Pakoom "Paul" Nillpraphan

Issue # 1. Issue: TORT- PERSONAL (TORTP)
Filed By: Roberts, Neil
Filed Date: 08/25/2014
Party Name Disposition Information
Defendant: Hobby Lobby Stores Inc Disposed: TRANSFERRED TO ANOTHER JURISDICTION, 02/17/2016. Other
Defendant: N

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Quentin Scott v. City of Albuquerque Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

A New Mexico statute makes it illegal to “willfully interfere with the
educational process” at a public school. N.M. STAT. ANN. § 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
*

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Divid Landon Speed v. JMA Energy Company, LLC Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiff David Landon Speed filed a petition (the Petition) in the District Court of Hughes County, Oklahoma, asserting a putative class action against defendant JMA Energy Company, LLC. He alleged that JMA had willfully violated an Oklahoma statute that requires payment of interest on delayed payment of revenue
2
from oil and gas production. He further asserted that JMA fraudulently conc

More...   $0 (10-02-2017 - OK)

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